Legal Angle

Legal Angle - November 2020 - Issue 02

Legal Angle - November 2020 - Issue 02

DOCTRINE OF OSTENSIBLE OWNER: The right to property is guaranteed under Art.31 which was abolished by the 44th amendment and subsequently made a constitutional right under Art.300A of the Indian Constitution which states no person shall be deprived of his property except by authority of law. The concept of ostensible owner is originated to protect the interest of innocent third parties and property owners. The Transfer of Property Act, 1882 does not deal with succession, testamentary, inheritance or gifts, etc, but provided statutory laws in relation to the ostensible owner, real owner, and third parties relating to the immovable property. It is the principle of natural equity.

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Legal Angle - November 2020 - Issue 01

Legal Angle - November 2020 - Issue 01

DOCTRINE OF NOVATION. Evolution: This doctrine of novation is traced back in the case of Scarf V. Jardine held in which there being a contract in existence, some new contract is substituted for it either between the same parties or between different parties, the consideration mutually being the discharge of the old contract. Novation is invoked when the parties to a contract agree to substitute the existing contract with a new contract.

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Legal Angle - October 2020 - Issue 04

Legal Angle - October 2020 - Issue 04

Doctrine of Frustration. The doctrine of frustration has its origin in Roman Law and is closely connected to English Rule. It is applicable when the parties were discharged because the thing has been destroyed or the purpose cannot be performed. In the English Case of Paradine V. Jane, held that the subsequent happenings of the event should not affect a contract already made. This doctrine is the exception to the English Rule. The doctrine of frustration is evolved when there is no fault on the part of the defendant and when the English Rule becomes unfair and unreasonable, this doctrine was incorporated in the contract law as the remedy.

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Legal Angle - October 2020 - Issue 03

Legal Angle - October 2020 - Issue 03

DOCTRINE OF COLORABLE LEGISLATION EVOLUTION: India, a federal country, had a greater influence on the colonial ruling system during the English rule. It also influenced the Constitution to create three pillars of democracy i.e. executive, legislative and judiciary. In Indian Constitution, the separation of powers prevails which should be balanced and maintained between the different organs of the government where the law-making power vests on the legislature, i.e. one organ should not override or interfere over other organs to avoid inconsistency and have cooperation among the organs. In India, this doctrine is enacted to impose a limitation on the law-making power of the legislation.

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